Opinion
2:21-cv-01461-RSL
05-30-2023
JOSHUA BROTHERS, as Litigation Guardian Ad-Litem for REYMON LEAVELL, a single individual, Plaintiff, v. ESTEBAN MONREAL, SCOTT LAPIERRE, BENJAMIN TIMBS, MOLLY ACCOMANDO FRANKLIN POBLOCKI, JONATHAN GOODWIN, WALKER DICKSON, AND CITY OF SEATTLE, a lawful municipal corporation in the State of Washington, JOHN DOES ONE THROUGH THREE, Defendants.
ANN DAVISON Seattle City Attorney Rebecca S. Widen, WSBA# 57339 Assistant City Attorney Natasha Khanna, WSBA# 52870 Assistant City Attorney Attorneys for Defendants City of Seattle, Esteban Monreal, Scott LaPierre, Benjamin Timbs, Molly Accomando, Franklin Poblocki, Jonathan Goodwin and Walker Dickson JAY H. KRULEWITCH, ATTORNEY AT LAW Jay H. Krulewitch, WSBA #17612 Attorney for Plaintiff
ANN DAVISON
Seattle City Attorney
Rebecca S. Widen, WSBA# 57339
Assistant City Attorney
Natasha Khanna, WSBA# 52870
Assistant City Attorney
Attorneys for Defendants City of Seattle, Esteban Monreal, Scott LaPierre, Benjamin Timbs, Molly Accomando, Franklin Poblocki, Jonathan Goodwin and Walker Dickson
JAY H. KRULEWITCH, ATTORNEY AT LAW
Jay H. Krulewitch, WSBA #17612
Attorney for Plaintiff
STIPULATION TO CONTINUE TRIAL AND TO EXTEND CASE DEADLINES
STIPULATION
Robert S. Lasnik, Senior United States District Court Judge
COME NOW the parties, by and through their respective counsel of record and hereby stipulate and request that the Court enter an order continuing trial in this matter to February 5, 2024 and amending the case deadlines as follows:
Event
Prior Date
Amended Date
Reports from expert witnesses under FRCP 26(a)(2) due
June 7, 2022
September 22, 2023
Discovery completed by All motions related to discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2).
August 6, 2022
October 27, 2023
Settlement conference held by
August 20, 2023
October 30, 2023
Dispositive motions filed by All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)(3)).
September 5, 2022
November 13, 2023
Motions in limine All motions in limine must be filed by and noted on the motion calendar no earlier than the second Friday thereafter. Replies will be accepted.
November 6, 2023
January 8, 2024
Agreed Pretrial Order due
November 22, 2023
January 22, 2024
Pretrial conference to be scheduled by the Court Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits
November 29, 2023
January 29, 2024
Trial (length 5-6 days)
December 4, 2023
February 5, 2024
STATEMENT OF GOOD CAUSE
This case arises out of Reymon Leavell's encounter with Seattle Police Department (“SPD”) officers responding to an anonymous 9-1-1 call reporting the presence of an armed, suicidal male at a Seattle Public Library in the Madrona neighborhood of Seattle. Mr. Leavell, who is represented by a Litigation Guardian Ad Litem (collectively, “Plaintiff”), asserts claims for unreasonable seizure, excessive force, and negligence against the named defendant officers and the City of Seattle (collectively, “Defendants”).
The parties have been diligently pursuing discovery, and have a mediation scheduled in this matter for July 31, 2023 with mediator Brad Davis. In a joint effort to reduce costs and increase the chance of settlement, the parties are requesting that the Court continue the case schedule to allow for the cost of experts and expert discovery to be postponed until after mediation. The parties are also seeking to postpone the deposition of Plaintiff Reymon Leavell, who has developmental disabilities, until after mediation. The ability to avoid incurring significant expert expenses as well as taking Mr. Leavell's deposition will greatly increase the possibility of settlement at the July 31, 2023 mediation.
This Court previously granted extensions of certain case deadlines and one trial date extension. See Dkts. #13, 16.
For the reasons stated herein, good cause exists for granting the requested extension of the case schedule. The parties respectfully request that the trial date in this matter should be continued from December 4, 2023 until February 5, 2024 and that the other case schedule deadlines be reset as indicated above.
ORDER
Based upon the foregoing Stipulation, IT IS HEREBY ORDERED that the trial date shall be continued to February 5, 2024, and case schedule shall be amended as follows:
Event
Prior Date
Amended Date
Reports from expert witnesses under FRCP 26(a)(2) due
June 7, 2022
September 22, 2023
Discovery completed by All motions related to discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2).
August 6, 2022
October 27, 2023
Settlement conference held by
August 20, 2023
October 30, 2023
Dispositive motions filed by All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)(3)).
September 5, 2022
November 13, 2023
Motions in limine All motions in limine must be filed by and noted on the motion calendar no earlier than the second Friday thereafter. Replies will be accepted.
November 6, 2023
January 8, 2024
Agreed Pretrial Order due
November 22, 2023
January 22, 2024
Pretrial conference to be scheduled by the Court Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits
November 29, 2023
January 29, 2024
Trial (length 5-6 days)
December 4, 2023
February 5, 2024